Anchor Stone Christian Church, a Chinese- and Taiwanese-American church in California, filed a lawsuit against the City of Santa Ana, California, and the Santa Ana City Council for prohibiting worship services on property the congregation purchased for church gatherings.

Anchor Stone aims to spread the Gospel to first-generation Taiwanese and Chinese-Americans in Santa Ana and greater Orange County. Founded in 2018 as an in-home prayer gathering, the congregation grew into a church, necessitating additional space the following year.

After discovering the Santa Ana property, Anchor Stone spoke with the City’s Planning and Building Agency to confirm they could use the property for worship. Located in a professional district, the church understood they needed a conditional use permit (CUP) to use the space. After the city confirmed that no obstacles would keep them from utilizing the property as a place of worship, the church purchased the property. But the city then refused to accept the church’s CUP application as promised.

To appeal the denial, the church cited the Religious Land and Institutionalized Persons Act of 2000 (RLUIPA), which established that no government can “impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution … No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.”

However, the city still rejected the church’s appeal, causing the church to forfeit at least $575,000. For almost two and a half years, the property has remained unused.

First Liberty Institute, a national religious liberty law firm, along with O’Melveny & Myers LLP, filed a letter of complaint seeking a preliminary injunction on the grounds that the RLUIPA and the First Amendment had been violated.

Ryan Gardner, counsel at First Liberty Institute, explained why the city’s actions violate the law.

“The First Amendment and federal law protect the right of churches to operate free from unreasonable and intrusive government interference,” said Gardner in a press release. “Preventing a Chinese- and Taiwanese-American church from worshiping in a facility they purchased is a flagrant denial of the free exercise of their religious activities.”

The complaint pointed out the city’s misuse of the word assembly, stating, “Citing its ‘General Plan’—a high-level policy document setting forth aspirational land use goals—the city claims the property’s Flex-3 land use designation prohibits ‘assembly’ uses including churches. But the General Plan does not mention ‘assembly’ whatsoever.”

The document proceeded to explain the inconsistency between the activities the city chose to allow or deny.

“The City’s actions are plainly discriminatory. … Between the General Plan and zoning ordinance, the City expressly allows museums, art galleries, restaurants, commercial retail, and 10-story office buildings in Anchor Stone’s zoning district,” the complaint states. “The City has no explanation why hundreds of employees ‘assembling’ in multi-level offices for work on Monday is permitted, but a few dozen congregants gathering for worship on Sunday is not.”

Timothy Durst, partner at O’Melveny & Myers, addressed the disparity between allowing some assemblies the right to worship on their own properties as well. 

“It’s gross favoritism and discrimination when the city grants a permit to one church across the street from the location where Anchor Stone was denied,” Durst said. “The city’s repeated efforts to prevent churches and religious institutions from engaging in their religious missions cannot continue.”

Steven Lee, Anchor Stone’s secretary, explained the church’s heart centers in service, not harm.

“I want to emphasize that Anchor Stone Christian Church is not an adversary of the Santa Ana City; rather, we are devoted partners and friends,” Lee said. “We have consistently demonstrated our commitment to the community through food donation drives that serve our low-income neighbors weekly. By establishing our roots here, we believe we can contribute even more to the city, addressing not only physical needs but also nurturing spiritual life with God’s love and the teaching of the Gospel … we are unwavering in our dedication to this mission and remain committed to serving Santa Ana City to the best of our ability.”

Photo: First Liberty Institute Facebook